REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF TRANSPORTATION
AND COMMUNICATIONS
NATIONAL TELECOMMUNICATIONS COMMISSION
QUEZON CITY

RULES OF PRACTICE AND PROCEDURE
BEFORE THE BOARD OF COMMUNICATIONS

Pursuant to the authority vested upon it by Section 11 of the Public Service Act (C.A. No. 146, as amended), Article II, Chapter IV, Part X of the integrated Reorganization Plan as adopted, approved and made part of the law of the land under Presidential Decree No. 1, the Board of Communications hereby adopts and promulgates the following rules of practice and procedure before the Board.

PART 1 – GENERAL PROVISIONS

Rule 1 – Title and Construction

Section 1. Title. – These rules shall be know and cited as the Rules and Procedures before the Board of Communications.
Sec. 2. Scope. – These rules govern pleadings, practice and procedure before the Board of
Communications in all matters of hearing, investigation and proceedings within the jurisdiction of the Board. However, in the broader interest of justice and in order to best serve the public interest, the Board may, in any particular matter, except it from these rules and apply such suitable procedure to improve the service in the transaction of the public business.
Sec. 3. Construction. – These rules shall be liberally construed to protect and promote public interest and to assist the parties in obtaining just, speedy, and inexpensive determination of every action of proceeding.
Sec. 4. Definition – For purposes of these rules, the terms:
(a) \”Plan\” shall mean the Integrated Reorganization Plan.
(b) \”Board\” shall refer to the Board of Communications.
(c) \”Act\” shall refer to C.A. No. 146 as amended.
(d) \”Chairman\” shall refer to the Chairman of the Board.
(e) \”En Banc\” shall refer to the hearing of cases by at least two regular members.

Rule 2 – Parties

Section 1. Application and Oppositor. – Any person applying to the Board for a Certificate of public convenience and/or necessity for the operation of public communications utilities and services or for any form of authorization within the regulatory powers of the Board shall be called the applicant. Any person having a substantial interest capable of pecuniary estimation in the application or the
subject matter thereof adverse tot he applicant and who opposes the application shall be called the oppositor.
Sec. 2. Complainant and Respondent. – Any aggrieved person/s who file a complaint with the Board shall be called the complainant/s and the public service operator complained of shall be called
respondent.
Sec. 3. Petitioner and Respondent. – In petitions seeking preventive remedies for violation of certificate of public convenience and/or necessity or any form of authorization or relief from orders, rulings, regulations, standards, specifications or any act of the Board, the one filing the petition shall be called the petitioner and the holder of the certificate of public convenience and/or necessity or authorization sought to be punished or the grantee of the order, authorization, ruling, regulation, standard, specification or any act of the Board from which relief is being sought shall be called the
responded.
Sec. 4. Appearance by Solicitor General. – Whenever the Solicitor General appears in behalf of the public in applications for approval of rates, in this Commission, his appearance shall be considered as representative of all individual, consumers or users who have filed their written oppositions to such applications and who are not represented by counsel.
Sec. 5. Appearance by Consumer or Users. – If individual users or entities opposing the
application for approval of rates are represented by several attorneys, they shall choose not more than tow among themselves who shall be allowed by the Board to conduct the proceedings in behalf of all oppositors.

Rule 3 – Pleadings

SECTION 1. Form. – All pleadings shall be in any of the official languages typewritten or printed double space on legal size white bond paper, and shall be filed in quintuplicate with the Board. Pleading before the Board en banc shall be filed in eight (8) copies. Every pleading shall have a caption, title, signature and address and shall contain in logical form, a plain, concise and direct statement of the ultimate facts in which the party relies.
SEC. 2. Verification and Supporting Documents. – All pleadings shall be verified and shall be accompanied by affidavits of merit and by such documents as would reasonable tend to establish prima facie the truth of the factual allegations contained therein.
SEC. 3. Application. – By means of an application, the applicant seeks authorization or
permission to undertake any matter within the regulatory power of the Board under the Act and the issuance of certificate/s of public convenience and/or necessity in appropriate cases. It shall state clearly and concisely the ultimate facts, which the claimant claims, are sufficient basis for granting the authorization or permission sought. It may add a general prayer for such further relief as may be deemed just and equitable.
SEC. 4. Complaint. – The complaint is a concise statement of the ultimate facts of the matter complained of within the regulatory power of the Board, and shall specify the relief sought.
SEC. 5. Petition. – A petition may be filed by one who may be party to any hearing or
proceedings, or is subject tot he jurisdiction of the board concerning a controversy over any matter within the jurisdiction of the Board.
SEC. 6. Answer. – The respondent to whom an order is issued by the Board to show cause or otherwise summoned to answer, shall file an answer in compliance therewith within ten (10) days from receipt of the order. The answer shall admit or deny the material allegations of facts stated in the show cause order or in the complaint or petition. Whenever practicable, the respondent shall state the matters of fact and the law relied upon and shall attach to this answer such documents and affidavits in proof of
his allegation. The respondent may, in his answer, pray for the grant of an affirmative relief.
SEC. 7. Amendment. – Pleading may be amended as a matter of right before the case is set for hearing, and thereafter, they may be amended only with leave of the Board.
If a responsive pleading has been filed by any oppositor or respondent, a copy of the amended pleading should be served to the oppositor or respondent. The latter may amend his opposition or answer within five (5) days from receipt of the amended application, complaint or petition and thereafter only with leave of the Board.
SEC. 8. Amendments to conform to the evidence. – Whenever at a hearing, issues not raised by the pleadings are introduced by the express or implied consent of the parties, they shall be treated in all respects as if they have been raised in the pleadings. If evidence upon new issues is objected to on the grounds that it is not within the issues raised in the pleadings, the Board may allow the pleadings to be amended and such evidence received when it appears that the presentation of the merits of the proceeding
will be served thereby without prejudicing the public interest or the rights of the parties. The Board may grant a continuance to enable the objecting party to meet such evidence.
SEC. 9. Directed amendments. – The Board, may, at any time, on its own motion or upon motion of any party, direct a party to amend his pleading in order to state his case more fully or in a more detailed manner. Such amendment shall be reduced to writing a filed within such time as may be fixed, and shall comply with the requirements of the rule pertaining to the pleading amended insofar as appropriate.
SEC. 10. Withdrawal of pleadings. – At any time, before a responsive pleading is field, a party may withdrawal his pleading by filing notice thereof with the Board. However, withdrawals made by the oppositors of their prior opposition shall be subject to the approval of the chairman or member assigned to hear the case.

Rule 4 – Motion

SECTION 1. Scope and contents. – Every application for any procedural or interlocutory ruling or relief sought may be made by a motion. The Motion shall set forth the ruling or relief and state the grounds therefore, and may be accompanied by supporting affidavits and documents. The requirements of Rule 3 shall apply to all written motions. However, every ancillary motion for provisional authorization or proposed services or rates shall be governed by Section 3 of Rule 15.
SEC. 2. Form. – Unless made in the course of hearing, all motions shall be in writing and copies thereof shall be served upon all parties at least three (3) working days before the hearing hereof. Motions during hearings may be stated orally upon the record, unless the Board requires that such motion be reduced to writing and filed separately.
SEC. 3. Notice. – Written motions shall contain a notice setting the hearing thereof at a specified date and time. However, for good cause shown, the Board may hear a motion on shorter notice.
SEC. 4. Proof of Service. – The Board shall not act upon any motion without proof of service of notice thereof on all parties, except when the Board is satisfied that the rights of the adverse party or parties are not affected. When the service of notice is made by mail, the addressee is deemed to have received the notice within ten (10) days from the date of mailing if the addressee resides in Luzon; fifteen (15) days if the addressee resides in Visayas and Mindanao. Submission of registry receipts together with the affidavit of mailing is sufficient compliance with the proof of service required herein.
SEC. 5. Ex-parte Motions. – Except for motions for provisions authorization of proposed services and increase of rates, ex-parte motions shall be acted upon by the Board only upon showing of urgent necessity therefor and the right of the opposing party is not substantially impaired.
SEC. 6. Evidence on motion. – Allegation of facts in a motion or in an opposition thereto not appearing of record may be proved by affidavits or sworn documents, but the Board may require that the matter be heard wholly or partly on oral testimony.

Rule 5 – Filling, Service of Pleadings And Publication

SECTION 1. Filling. – All pleadings, motions, documents and other papers required or allowed to be filed shall be filed with the Executive Director (now Secretariat) of the Board.
SEC. 2. Acceptance for filing. – Only pleadings, motions, documents, and other papers which conform to the formal requirements of these Rules shall be accepted for filing. Acceptance for filing shall not waive any failure to comply with the Rules and such failures may be cause for striking all or part of such paper filed.
SEC.3. Service upon parties. – All pleadings, documents, and other papers tendered to the
Executive Director of the Board for filing shall show proof of service thereof upon all parties to the proceeding. Such service shall be made by personal delivery or by registered mail, properly addressed, with postage prepaid, of one (1) confirmed copy to each party, together with all annexes attached thereto.
SEC.4. Service upon parties represented by attorneys. – When any party has appeared by attorney, service upon him shall be made upon his attorney or any of his attorneys of record.
SEC.5. Service of orders. – All decisions, orders, and resolutions of the Board shall be serve upon all parties who have entered their appearance, either by personal delivery or by mailing copies thereof to their counsel, if any: otherwise, upon the parties.
SEC.6. Extension of time. – whenever by any order of the Board, a pleading, motion or document is required to be filed within a fixed time or period, the Board may, for a good cause shown, extend the period upon motion made before the expiration of the period fixed. The Board may, upon such terms as may be just, allow or admit any pleading to be filed after the time fixed by these Rules.

Rules 6 – Pre-Hearing Conference

SECTION 1. Purpose. – Whenever the Board finds that a formal hearing should be held on any matter in dispute within the jurisdiction of the Board, it shall set a pre-hearing conference between among the parties together with their attorneys and the Board at such time as the nature of the proceeding and the public interest may permit. For the purpose of attempting agreement on means of expediting the proceeding.
SEC.2. Scope – All parties and their respective attorneys are required to attend a scheduled prehearing conference to consider, among others. The following:
(a) The possibility and advisability of a concerted decree, voluntary compliance or resistance on certain terms and conditions;
(b) The simplification of the issues;
(c) The exchange and acceptance of service of exhibits to be offered in evidence;
(d) The obtaining of admission as to or stipulation of fact, not remaining in dispute, or the
authenticity of documents which may properly shorten the hearing;
(e) The limitation of the number of witnesses;
(f) Admissibility and competence of evidence proposed to be submitted by a party; and
(g) Such other matters as my aid in the speedy disposition of the case.
All the parties and their attorneys shall attend the pre-hearing conference. The presence of the party is indispensable unless his counsel is authorized to enter into agreements on any or all the above matters. The parties shall inform each other of the nature and character or the evidence they propose to offer, indicating the purpose of each item of evidence.
SEC.3. Judgment on the pleadings and summary judgment at pre-hearing. – If the pre-hearing of complaints, the Board finds that the facts exist upon which a decision may be made, a decision on the pleadings or a summary decision may be rendered as justice may require.
SEC.4. Record of pre-hearing proceedings. – After a pre-hearing, the Board shall make an order, which recites the action taken at the conference, the amendments allowed in the pleading, and/or the agreements made by the parties as to any of the matters considered. Such order shall limit the issues for the formal hearing to those not disposed of by a admission and agreements of the parties and when entered controls the subsequent course of the proceedings, unless modified before the formal hearing to prevent manifest injustice.

PART – II PROCEDURE IN APPLICATION

Rule 7 – Application

SECTION 1. How commence. – Any proceeding the object of which is to obtain a certificate of public convenience or any form of authorization shall be commenced by the filing of the corresponding application and the payment of the required fee.
SEC.2. Content. – The application shall contain a concise statement of the service proposed or authorization applied for, and the ultimate facts that would qualify or entitle the applicant to the grant of the certificate, privilege, or authorization applied for.
When the application is predicated on a franchise, sale, lease, mortgage, or any other contract, such franchise or contract shall be impleaded in the application by alleging in substance its salient provisions and appending to the application a copy of the franchise and contract.

Rule 8 – Notice of Hearing

SECTION 1. Duty of the Executive Director. – After the filing of the application and they payment of the required fees, the Executive Director shall promptly cause the same to be docketed, issue the notice of hearing, and forward it to the proper division of the Board.
SEC.2. Publication and serving. – The applicant shall cause the notice of hearing to be published once in one (1) newspaper of general circulation at least fifteen (15) days before the date of hearing and to serve copies of the same with copies of the application to the affected parties, as furnished by the Board.

Rule 9 – Opposition

SECTION 1. Contents. – Within the time stated in the notice of hearing, a written opposition, not a motion to dismiss, may be filed against an application with a copy served upon the applicant, in which the oppositor shall state concisely his right or interest affected by the application and the ultimate facts constituting all his grounds of opposition, including all grounds for a motion t dismiss.
When any ground for a motion to dismiss is alleged in the opposition, proceeding shall be taken as though a motion to dismiss has been filed.

PART III – PROCEDURE IN COMPLAINTS

Rule 10 – Complaints

SECTION 1. How commenced. – Any action, the object of which is to subject a holder of a certificate of public convenience or authorization or any person operating without authority from the Board to any penalty that may be imposed, or to a disciplinary or other measure that may be taken in the public interest by the Board, for violation by such holders or such person of the provisions of the Act. Or the terms and conditions of this certificate or any order, decision, or regulation of the Board shall be commenced by the filing of a complaint.
SEC.2. Filing. – All complaints based on the official report of the Board or any other person deputized in writing by the Board shall be filed in the name of the appropriate unit of the Board, including all complaints based on the sworn statement of any public utility user, other private individual and those made by any competing operator.
SEC.3. Sufficiency of complaints. – A complaint is sufficient if it contains the name of the complainant or offended party; the name of the respondent; a reference, whenever practicable, of the provision of the Public Service Act, as amended, certificate, order, decision or regulation violated; the acts or omissions complained of as constituting the offence; and the date, hour and place of the commission of the offense.
SEC.4. Separate Allegations. – Whenever two or more offenses are charged in one (1) complaint, each offense must be separately alleged.

Rule 11 – Summons

SECTION 1. Duty of the Executive Director. – After the appropriate unit of the Board has certified that the complaint is sufficient in form and substance in accordance with these Rules, it shall be the duty of the Executive Director to promptly issue the summons together with a copy of the complaint to the respondent.
SEC.2. Contents. – The summons shall be under the signature of the Board Secretary and the Seal of the Board, directing the respondent to answer the complaint within five (5) days from receipt of the summons and to appear and produce evidence on the date and hour stated therein.

Rule 12 – Answer

SECTION 1. Contents. – Within the time stated in the summons, a written answer, not a motion to dismiss, shall be filed with the Board, and a copy thereof served by the respondent to the complainant. The respondent, in his answer, shall admit or deny specifically the material allegations in the complaint, and the state all his lawful defenses, including all grounds for a motion to dismiss. When any ground for a motion to dismiss is alleged in the answer, proceeding shall be taken as though a motion to dismiss had been filed.

PART IV – SUMMARY PROCEEDINGS

Rule 13 – Order to Show Cause

SECTION 1. When applicable. – Based on the report of an authorized personnel of the Board, or the credible sworn statement of any offended party, the Board instead of acting according to the procedure indicated for complaints, may issue an order directing a respondent operator to appear before the Board within seventy-two (72) hours form his receipt of a copy of the order and show cause why his certificate should not be cancelled or suspended of r the cause stated in the report or complaint. This summary proceeding shall apply, in the discretion of the Board. Only in cases where the continued acts of the public\’s utility operator shall cause serious detriment to public interest. This summary proceeding shall also be applicable in cases of willful or contumacious refusal by an operator to comply within order, rule or regulation of the Board, or any provision of the Public Services Act, as amended, or any provisions of the Plan. The Board, for good cause, may prior to the hearing suspend for a period not exceeding thirty (30) days any certificate or the exercise of any right or authority issued or granted under the Act or Plan by order of the Board, whenever such step shall in the judgment of the Board be necessary to avoid serious and irreparable damage or inconvenience to the public or to private interests.
SEC.2. Content. – The order to show cause shall include a statement in substance of the violation reported or complained of: and, whenever practicable, there shall be appended to it a copy of the report or complaint upon which the order is based.

PART IV – SUMMARY PROCEEDINGS

Rule 13 – Order to Show Cause

SECTION 1. When applicable. – Based on the report of an authorized personnel of the Board, or the credible sworn statement of any offended party, the Board instead of acting according to the procedure indicated for complaints, may issue an order directing a respondent operator to appear before the Board within seventy-two (72) hours form his receipt of a copy of the order and show cause why his certificate should not be cancelled or suspended of r the cause stated in the report or complaint. This summary proceeding shall apply, in the discretion of the Board. Only in cases where the continued acts of the public\’s utility operator shall cause serious detriment to public interest. This summary proceeding shall also be applicable in cases of willful or contumacious refusal by an operator to comply within order, rule or regulation of the Board, or any provision of the Public Services Act, as amended, or any provisions of the Plan. The Board, for good cause, may prior to the hearing suspend for a period not exceeding thirty (30) days any certificate or the exercise of any right or authority issued or granted under the Act or Plan by order of the Board, whenever such step shall in the judgment of the Board be necessary to avoid serious and irreparable damage or inconvenience to the public or to private interests.
SEC.2. Content. – The order to show cause shall include a statement in substance of the violation reported or complained of: and, whenever practicable, there shall be appended to it a copy of the report or complaint upon which the order is based.

PART VI – DECISIONS AND ORDERS

SECTION 1. How rendered. – In every case heard by the Board en banc, the orders, rulings, decisions and resolutions disposing of the merits of the matter within its jurisdiction shall be reached with the concurrence of at least two (2) regular members after deliberation and consultation, and thereafter assigned to a member for the writing of the opinion. Nay member dissenting form the order, ruling, decision or resolution shall state in writing the reason for his dissent. In all other cases, a duly assigned Member shall issue all orders, rulings, decisions and resolutions pertinent to the case assigned to him. Copy of the decision on the merit of the case so assigned shall be furnished the Chairman.
This rule shall not in any way prevent the Presiding Chairman form rendering a decision or order under circumstances defined in Section 2 Rule 14 of these Rules.
SEC.2. Form and contents. – All orders, rulings, decisions and resolutions determining the merits of matters within the jurisdiction of the Board shall be in writing stating clearly and distinctly the facts and the law on which it is based. They shall be filed with the Executive Director who shall, within three (3) days from receipt thereof cause true copies thereof to be served upon their council, if any: otherwise upon the parties.
SEC.3. Provisional relief. – Upon the filing of an application, complaint or petition or at any stage thereafter, the Board may grant on motion of the pleaders or on its own initiative, the relief prayed for, based on the pleading, together with the affidavits and supporting documents attached thereto, without prejudice to a final decision after completion of the hearing which shall be called within thirty (30) days from grant of authority asked for.
SEC.4. Final decisions. – The Board shall render a final decision, order, ruling or resolution.
(a) In non-contested proceeding. – When the Board is satisfied that the pleading, together with the supporting affidavits and documents, establishes the right of the party t the relief prayed for, and there is no opposition thereto, said Chairman or nay of the Members shall within fifteen (15) days after the case has been submitted of resolution, render an order decision on the matter.
(b) In contested proceedings. – The Board en banc shall render a final decision, ruling or
resolution within thirty (30) days after the case has been submitted for resolution.
(c) Grant of other relief. – in all final decisions, orders, rulings or resolutions, the Chairman or Members may grant such other relief or impose such conditions or fix such terms as it may deem necessary in order to promote the public interest.
SEC.5. Execution or order, ruling, or resolution. – The order, ruling, decision or resolution of the Board shall take effect immediately and unless there is an appeal, shall become final upon expiration of thirty (30) days from notice thereof to all parties.
SEC.6. Compilation and publication of decisions. – The Executive Director shall compile all final decisions and resolutions of the Board, including final decisions of the Supreme Court on appeal, if any, and shall cause them to be printed by the bureau of printing in bound and numbered volumes.

PART VII – REOPENING, RECONSIDERATION, AND APPEAL

Rule 16 – Motions for Reopening or Reconsideration

SECTION 1. Motion for Reopening. – Any party may file a motion for reopening or the
proceeding at any time after the presentation of evidence has been completed but before promulgation of a decision, order, ruling or resolution, if during that period there should occur or arise transactions, events or matters, whether factual or legal resulting in a change situation of the parties.
SEC.2. Motion for reconsideration of final decisions. – A party adversely affected by a decision, order, ruling or resolution may within fifteen (15) days from receipt of a copy thereof, file a motion for reconsideration. No more than one motion for reconsideration by each party shall be entertained, unless otherwise permitted by the Board.
SEC.3. Service and hearing.- The motion allowed by this Rule shall be served upon all parties on record and shall be set for hearing not less than three (3) days from service thereof.
EC.4. Opposition. – Any party to the proceeding may file an opposition to the motions allowed by this rule accompanied by supporting affidavits and documents, servicing a copy thereof upon the movant.

Rule 17 – Appeal

SECTION 1. Mode and period. – A party adversely affected by an order, ruling, decision or resolution of the Board may, within thirty (30) days from notice thereof, petition the Supreme Court to review said order, ruling, decision or resolution under Rule 44 of the Rules of Court, In proper cases, the aggrieved party may avail of the petition for certiorari under Rule 65 of the Rules of Court.
SEC.2. Effect of appeal. – Unless the Supreme Court directs otherwise, appeal shall not stay the execution of the order, ruling, decision or resolution.
SEC.3. Procedure for appeal. – Until the Supreme Court provides otherwise, the procedure provided for in Rule 44 of the Rules of Court shall be allowed.

PART VIII – RECONSTITUTION OF RECORDS

Rule 18 – Reconstitution

SECTION 1. Petition. – Any interested party may, by petition apply for the reconstitution of lost or destroyed records of any case or proceeding before the Board or of the defunct Public Service Commission.
SEC.2. Contents. – The petition shall be in writing, with a copy served upon all affected parties, and shall state the title and the parties in the case of the or proceeding desired to be reconstituted, together with the case number; the reason or reasons for its destruction or loss, if known; and that party seeking its reconstruction has exhausted all means to locate said records but to no avail.
SEC.3. Notice and publications. – The provision of Rule 8 of these Rules shall be observed in the issuance and publication of the notice of hearing of the petition for reconstitution unless otherwise certified by the Board having jurisdiction on the subject matter of the records sought to be reconstituted.
SEC.4. Applicability of certain rules. – The rules governing procedure in application for the issuance of certificate of public convenience as provided in Part II of the Rule shall be applicable for the reconstitution of lost or destroyed records.
SEC.5. Order. – After hearing the parties, the Board having jurisdiction over the petition, on the basis of available records and testimonies of witnesses, may grant or deny the petition or issue such orders as justice may require.

PART IX – MISCELLANEOUS PROVISIONS

Rule 19 – Applicability of the Rules of Court

SEC.1. Rules of Court. – The provisions of the Rules of Court applicable to proceeding before the Court of First Instance, which are not inconsistent with these Rules, shall apply in an analogous and suppletory character whenever practicable and convenient.
Rule 20 – Repeating Clause
SECTION 1. Repeat. – All prior rules, regulations or practices heretofore followed in the Board which are inconsistent with these Rules are hereby repealed.
Rule 21 – Effectivity
SECTION 1. Effectively. – These rules shall take effect after fifteen (15) days following their publication in the Official Gazette or any newspaper of general circulation. Approved in Quezon City, Philippines, this 25th day of January, 1978.

(SIGNED)
CEFERINO S. CARREON
Chairman